Bombay High Court: Temperamental differences can't be grounds for divorce

Team SoOLEGAL 17 Oct 2017 2:15pm

Image courtesy: Hindustan Times Bombay High Court: Temperamental differences can't be grounds for divorce

Only temperamental differences between husband and wife can't be a parameter for divorce, the Bombay high court said on Thursday. 

The Bombay High Court rejected the appeal of a man, who challenged the order of the Pune family court in January 2009. 
The man got married in May 2006. The couple began living with the man's parents at Hadapsar. In February 2007, the couple had a son. A month later, the man issued a legal notice to his wife, saying he and his parents had suffered immense physical and mental harassment owing to her quarrelsome nature and persistent demand for a separate home.

The petition was rejected by the Pune family court on the grounds that the charges of cruelty against the wife were disproven.
A division bench of justices Amjad Sayed and Manish Pitale upheld the family court order. It rejected the man's appeal, saying the charge of cruelty on the grounds of persistent demands for a separate residence was an afterthought. It found that there was no mention of the wife's so-called persistent demand for a separate residence, though it formed the main grounds for seeking divorce.

"It is evident that the man failed to show that his wife's conduct was so abnormal that he could not reasonably be expected to put up with it," said the bench. "From the material on record, it appears that there were temperamental differences between the man and his wife, but only this does not entitle him for a decree of divorce," it added. [As reported in Hindustan Times]

Tagged: Temperamental    Divorce case   Bombay High Court  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all


C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.